PBA Impasse
The City of Boynton Beach
OFFICE OF mE ClIY MANAGER
100 E. Boynton Beoch Boulevard
P.O. Box 310
Boynton Beoch. Ftorida 33425-0310
Ci1y Manager's Offll:e: (561) 742-6010
FAX: (561) 742-6011
e-mail; ci1y. manager@ci.boynton-beoch.fl.us
www.ci.boynton-beoch.jl.us
To: Janet Prainito, City Clerk
City Commission
From: Kurt Bressner, City Manager
Date: April 5,2005
Subject: City Manager's Response to Special Magistrate Recommendation SM-2004-039
PBA Contracts for Fiscal 2004-05
Review of Special Magistrate's Findings
IN THE MATTERS OF IMPASSE
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION
Hearing Held on March 2, 2005
Opinion Received Certified Mail on March 21, 2005
The following is an analysis of estimated costs associated with
the Special Magistrate's Findings:
Based on 2004-05 Budget Costs, The total estimated cost of the Special Magistrate's
proposed contract is $6,980,737 or $327,854 over the approved budget. This is for a
one-year contract assuming all the items listed in the Special Magistrate's opinion were
accepted. Presented below is the City Manager's Response to the Special Magistrate's
Recommendations. Excerpts of the Special Magistrate's recommendations are shown
in italic print.
SPECIAL MAGISTRATE RECOMMENDATIONS
Issue No.1 - New Article - Discipline:
Recommendation:
For the reasons stated above I recommend that no new language regarding a discipline
article be added to the fiscal year 10/01/05 to 9/30/06 collective bargaining agreements
for the three PBA bargaining units.
City Manager Comment: Recommend that this item be rejected. The City believes the
use of the Personnel Policy Manual (PPM) provides and equitable method, including
arbitration of disputes.
Issue No.2 - Union Business:
Recommendation:
For the reasons stated above I recommend that the language concerning the election
or selection of Union Representatives or Stewards to assist employees in the
investigation of grievances or representing them in grievance hearings and disciplinary
interviews should remain unchanged.
CITY MANAGER Comment: Recommend that this item be accepted.
Issue No.3 - Hours of Work and Overtime:
Recommendation:
For the reasons stated above I recommend that the overtime computation language be
as proposed by the City. The inclusion of vacation leave in the current contract
language should be deleted.
CITY MANAGER Comment: Recommend that this item be accepted.
Issue No.4 - Take Home Cars:
Recommendation:
For the reasons stated above I recommend that a take home vehicle program not be
included in this fiscal year collective bargaining agreement.
CITY MANAGER Comment: Recommend that this item be accepted.
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Issue No.5 - Bonus Payment for 11 % Hour Shift Employees:
Recommendation:
For the reasons stated above I recommend that the bonus pay for 11 ~ hour shift
employees should remain at 8~ %. If the City wishes to remove this bonus, they
should place these employees on 8-hour shifts and pay overtime rates for any hours
exceeding 40 hours in any work-week.
CITY MANAGER Comment: Based on this recommendation the total cost of the
contract package will be $286,355. Recommend this item be rejected. The 8.5%
adjustment was a transitional adjustment. Comparative data from other jurisdictions is
as follows:
Shift Differential Data
Agency Shift and Payment Information
Palm Beach Works 8 hour shifts
Boca Raton Works 12 and provides no compensation
Lake Worth Works 8 hour shifts
West Palm Works 11.5 and pays everyone 1/2 hour rate of pay each pay
Beach
Del ray Beach Works 11.5 and pays a night differential only .75/hour
PBSO Works 11.5 and pays a night differential only $5/day
Current Works 11.5 and pays shift differential of 8.5% of base pay as bonus
Boynton
Based on the above, the City of Boynton Beach's compensation for this item is well in
excess of other Palm Beach County police agencies.
Issue No.6 - Longevity Pay:
Recommendation:
For the reasons stated above I recommend that a longevity pay plan as contained in
the IAFF collective bargaining agreement be added to the collective bargaining
agreements representing the Patrol Officers, Sergeants and Lieutenants.
CITY MANAGER Comment: Recommend that this item be rejected. The projected
cost of the program based on IAFF contract in fiscal 2004-05 will be: $81,500.
Issue No. 7 - Salary Step Pay:
Recommendation:
For the reasons stated above I am not recommending the implementation of any step
pay plan for this contract year.
CITY MANAGER Comment: Recommend that this item be accepted
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Issue No.8 - Wage Increase and Rates for Patrol Officers and Sergeants:
Recommendation:
For the reasons stated above I recommend that all Officers and Sergeants would
receive a 5 ~% wage adjustment retroactive to October 1, 2004, plus performance
adjustments of 3% to 5% based upon the employer's proposal.
CITY MANAGER Comment: Recommend that this item be accepted. The cost of this
is $333,263. This has the effect of increasing the salary range of the Police Officer
from the current range of: $36,422 to $59,000 to a new range of: $38,425 to $62,245
and the Sergeant's salary range from the current range of: $45,600 with no top out to
$48,108 with no top out.
Issue No.9 - Rates of Pay for Lieutenants:
Recommendation:
For the reasons stated above I recommend that the pay rates for Lieutenants be
increased by 3% if it is determined their positions are exempt from the overtime
provisions of the FLSA. If it is determined that the Lieutenant's position is not exempt
from the overtime provisions of the FLSA, I recommend that the parties reach a mutual
agreement on what their true base rate of pay would have been if they had not been
paid extra for not receiving overtime pay. Then that rate should be increased by 6%. I
recognize that my recommendations concerning the possibility of Lieutenants being
declared a non-exempt status is ambiguous. However, I do not have the facts or
evidence before me to make a rational and reasonable specific recommendation.
CITY MANAGER Comment: Recommend that this item be accepted.
KB: 4/5/05
Cc: James Cherof, City Attorney
Wilfred Hawkins, Assistant City Manager
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